Subd. 1. Purpose. It is the purpose of this section to protect and promote the general welfare, health, safety and order within the city through the establishment of standard regulations and procedures governing the erection, use and display of billboards, signs, symbols and devices serving as visual communicative media to persons upon public rights-of-way.
Subd. 2. Title and scope.
A. This Code shall be known as the “Austin Sign Code” or may be so cited and pleaded and shall be referred to herein as “the Code.”
B. This Code does not, in any manner, regulate the written or depicted copy on any individual sign, but only the height, area, location, lighting and other similar aspects of signs and sign structures. Nor does this Code regulate, in any manner, purely graphic material: non-commercial holiday signs and decorations; signs on products, product containers or product dispensers; public informational and safety signs; or signs required by local state or federal law.
C. This Code authorizes the use of signs intended to be viewed from a public pedestrian or vehicular right-of-way provided the signs are:
1. Compatible with their surroundings, pursuant to the objectives of proper design and zoning amenities;
2. Allowing and promoting conditions for meeting the sign users needs while at the same time promoting the amenable environment desired by the general public;
3. Designed, constructed, installed and maintained in a manner that they do not endanger public safety or traffic safety;
4. Legible, readable and visible in the circumstances in which they are used; and
5. Respectful of the reasonable rights of other advertisers whose messages are displayed.
Subd. 3. Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
A. ADMINISTRATOR. The officer authorized by the Council to administer and enforce this Code or his or her duly authorized deputy.
B. ABANDONED SIGN. A sign which no longer correctly directs or exhorts any person, advertises a bona fide business, lessor, owner, product or activity conducted or product available on the premises where the sign is displayed.
C. ARCHITECTURAL BLADE. Any projection, not intended for occupancy, which extends beyond the face of an exterior wall. Signs, canopies and marquees are not included in this definition.
D. AREA.
1. The area of a sign is the area of the panel(s) or module(s) on which sign copy is painted or attached, exclusive of any structural support.
2. The
AREA of a billboard is the area of the painted bulletin or poster panel and frame, exclusive of the base and structural support.
3. The
AREA of a sign consisting only of individual alphabetic, numeric and symbolic characters without background or affixed directly to a wall is the area within a single continuous perimeter of straight lines at right angles enclosing the characters.
E. AWNING. A non-rigid hood or cover projecting from a building which may be folded, collapsed or retracted against the building.
F. BACK-TO-BACK SIGN. An arrangement of two parallel and directly opposed signs facing opposite directions.
G. BANNER SIGN. A temporary sign composed of lightweight material either enclosed or not enclosed in a rigid frame, secured or mounted so as to allow movement of the sign caused by movement of the atmosphere.
H. BILLBOARD/OUTDOOR ADVERTISING SIGN. A painted bulletin or poster panel outdoor advertising sign, including supporting structures. ADVERTISING COPY is painted on a painted bulletin or is applied as paper posters on the display area of a poster panel and directs the attention of the general public on a public street or walk to a business, service or activity not usually offered or sold upon the premises where the sign is located.
(Ord. 383, Second Series, passed 6-3-97)
I. BOARD OF APPEALS. The Council.
J. BUILDING FACE OR WALL. All window, door and wall area of a building in one plane or elevation.
K. BUSINESS SIGN. A sign which directs attention to a business or profession conducted upon the premises at which the sign is located, and which may refer to goods or services produced, offered for sale or obtained at the premises.
L. CANOPY or MARQUEE. A permanent roof-like structure extending from part or all of a building face over a public right-of-way and constructed of some durable material such as metal, glass or plastic.
M. CANOPY OR MARQUEE SIGN. Any sign attached to or constructed in or on a canopy or marquee.
N. CHANGEABLE COPY SIGN. A sign on which messages can be changed through use of attachable letters and numerals.
O. CHANGING SIGN, AUTOMATIC. A sign, such as electronically or electrically controlled public service information signs, message centers or reader boards, where different automatic changing messages of an informative or commercial nature of interest to the traveling public are shown. AUTOMATIC CHANGING SIGNS shall be subject to the provisions of Subd. 4 of this section concerning on-premise signs and include the following:
1. MESSAGE CENTER. A sign which contains a changing message within the copy area which remains on for a specified minimum period of time and blacks out for a specified minimum of time between messages.
2. ELECTRONIC READER BOARD. A sign which contains a traveling message or a message which appears to be traveling and usually in a horizontal manner. The characters incorporated into any message remain constant and do not change in hue or intensity, as they travel or appear to travel across or through the automatic changing copy area of the sign.
3. PUBLIC SERVICE INFORMATION SIGN. Any sign intended primarily to promote messages of general interest to the community such as time, temperature, date, atmospheric conditions, news or traffic control and the like.
P. DIRECTIONAL SIGN. Any sign which is designed and erected solely for the purpose of traffic or pedestrian direction and which is placed on the property to which or on which the public is directed. The DIRECTIONAL SIGN contains no advertising copy.
Q. DOUBLE-FACED SIGN. A sign with faces on both sides showing in opposite directions and shall constitute one advertising sign.
R. EMBELLISHMENT. Any added feature attached to a sign which is designed for decoration or to emphasize the advertising message.
S. EXEMPT SIGNS. Signs exempted from normal permit requirements.
T. FACE SIGN. The entire area of a sign on which copy could be placed.
U. FASCIA SIGN or WALL SIGN. A sign attached to or erected against a wall of a building with the face parallel to the building wall.
V. FLASHING SIGN. Any sign which contains an intermittent or flashing light source, or which includes the illusion of intermittent or flashing light by means of animation or an externally mounted intermittent light source.
W. FREEWAY-ORIENTED SIGN. Any sign identifying or advertising premises where food, lodging and automotive services are directly dependent upon an adjacent highway.
X. FRONTAGE. The length of the property line of any one premises parallel to and along each public right-of-way it borders.
Y. GROUND SIGN or FREE STANDING SIGN. A sign supported by one or more columns, uprights or braces in or upon the ground, not attached to or forming part of a building.
Z. HEIGHT OF SIGN. The vertical distance measured from the adjacent street grade or upper surface of the nearest street curb to the highest point of the sign.
AA. IDENTIFICATION SIGN. A sign which is limited to the name, address and number of a building, institution or person and to the activity carried on in the building or institution, or the occupation.
BB. ILLUMINATED SIGN. Any sign which emanates light either by means of exposed tubing or lamps on its surface or by means of illumination transmitted through the sign faces.
CC. NON-CONFORMING SIGN, LEGAL. Any advertising structure or sign which was lawfully erected and maintained prior to the time as it came within the preview of this Code and any amendments thereto, and which fails to conform to all applicable regulations and restrictions of this Code.
DD. OFF-PREMISE SIGN. A sign which directs attention to a business, commodity, service or entertainment, not exclusively related to the premises at which the sign is located, or to a business, commodity, service or entertainment which is conducted, sold or offered elsewhere than on the premises at which the sign is located.
EE. ON-PREMISE SIGN. Any sign used for identification purposes, which directs attention to a business at which the sign is located, and which may also refer to goods or services produced, offered for sale or obtained at the premises.
FF. PAINTED WALL SIGN. An advertisement painted directly on the wall of a building, so that it shows to passing traffic.
GG. PARAPET. That portion of a building wall that rises above the roof level.
HH. PENNANTS. Devices generally made of flexible materials, such as cloth, paper or plastic and displayed by stringing across the site on a temporary basis.
II. PORTABLE PANEL. A sign not permanently attached to the ground or a building, allowing it to be moved to various locations.
JJ. PREMISES. A lot or number of lots on which is situated a building, a group of buildings designed as a unit or on which a building or group of buildings are to be constructed.
KK. PROJECTING SIGN. Any sign other than a wall sign which is attached to and projects from a structure, building face or wall. The area of a PROJECTING SIGN is calculated on one face of the sign only.
LL. PUBLIC RIGHT-OF-WAY. The particular distance across a public street, alley, sidewalk or boulevard, measured from property line to property line. When property lines on opposite sides of the public street are not parallel, the PUBLIC RIGHT-OF-WAY shall be determined by the City Engineer.
MM. REAL ESTATE SIGN. A sign pertaining to the sale, lease or rental of the property upon which it is located.
NN. ROOF. The external upper covering of a house or other building.
OO. ROOF SIGN. A sign erected upon the roof or parapet of a building, the entire face of which is situated above the roof level of the building to which it is attached, and which is wholly or partially supported by the building.
PP. ROTATING SIGN. Any sign or portion of a sign which moves in a revolving or similar manner, not exceeding eight revolutions per minute.
QQ. SIDE-BY-SIDE SIGN. An arrangement of two signs on the same line facing the same direction.
RR. SIGN. Any identification, description, illustration or device illuminated or non- illuminated which is visible from any public place or is located on private property and exposed to the public and which directs attention to a product, service, place, activity, person, institution, business or solicitation, including any permanently installed or situated merchandise; or any emblem, painting, banner, pennant, placard or temporary sign designed to advertise, identify or convey information, with the exception of window displays and national flags. For the purpose of removal, SIGNS shall also include all sign structures.
SS. UNDER CANOPY OR MARQUEE SIGN. A sign suspended below the ceiling or roof of a canopy or marquee.
TT. UNLAWFUL SIGN. A sign which violates this Code or which the Administrator may declare as unlawful if it becomes dangerous to public safety by reason of dilapidation or abandonment.
UU. V-TYPE SIGN. Two signs in the shape of the letter V when viewed from above, with their faces oriented in different directions. A V-TYPE SIGN shall constitute one sign.
VV. WALL SIGN. Any sign affixed in such a way to a building or structure that its exposed face is parallel or approximately parallel to the plane of the building or structure on which it is affixed.
(Am. Ord. 383, Second Series, passed 5-19-97)
Subd. 4. Sign regulations by zoning district.
A. Only the signs described in this section and regulated in Subd. 5 and 6 of this section shall be permitted in each particular zoning district as delineated in Chapter 11 of the City Code.
B. General requirements:
1. No sign permitted by this section shall, by reason of its location, color or intensity, create a hazard to the safe, efficient movement of vehicular or pedestrian traffic. No private sign shall contain words which might be construed as traffic controls, such as “stop,” “caution,” “warning” and the like unless the sign is in tended to direct traffic on the premises.
2. Wherever possible, signs shall be of a design so that all framework for the lateral support of the sign shall be contained within the sign’s body or within the structure of the building to which it is attached, in such manner as not to be visible to any person. On older buildings, where the support is not possible, guys shall be allowed at the top and bottom of the sign.
3. No sign, nor any guy, stay or attachment thereto shall be erected, placed or maintained by any person on rocks, fences or trees, nor in a manner as to interfere with any electric light, power, telephone, telegraph wires or the supports thereof.
4. Signs that are not specifically permitted in this section are hereby prohibited. Without restricting or limiting the generality of the provisions of the foregoing, the following signs are specifically prohibited:
a. Balcony signs and signs mounted or supported on a balcony; and/or
b. Any sign that obstructs any part of a doorway or fire escape.
5. All signs containing electrical wiring shall be subject to the provisions of the governing Electrical Code.
C. Signs shall be permitted as set forth in Sign Schedules I to VI inclusive, which are hereby made and declared to be an integral part of this section.
Schedule I: All Zoning Districts
The following special purpose and temporary signs shall be permitted in all districts, subject to the limitations set forth below:
1. Governmental signs for the control of traffic and other regulatory purposes, street signs, danger signs, railroad crossing signs and all other signs which are erected by or on the order of a public official in the performance of his or her public duty;
2. Flags, emblems or insignia of any nation or political subdivision;
3. Signs of a primarily decorative nature, clearly incidental and customarily associated with any national, local or religious holiday;
4. Signs required to be maintained or posted by law or governmental order, rule or regulations;
5. Signs on products, product containers or product dispensers;
6. Announcements of concerts, plays, lectures, community events, church and club activities and the like placed in the windows of consenting businesses; (Such announcements shall be removed no later than two weeks after the event.)
7. Signs on vehicles of any kind, provided the sign does not project or extend horizontally more than one inch beyond the original manufactured body of the vehicle;
8. Signs which direct or instruct the public without advertising a business or product in any way, located entirely on the property to which they pertain, and not exceeding four square feet in area, including signs identifying restrooms, public telephones, walkways, parking lot entrances and exits and the like; (Horizontal directional signs painted on pavement are exempt from the size limits.)
9. Signs giving the name or a simple announcement for any public, charitable, education or religious institution and not exceeding 24 square feet in area; (Ground-mounted signs shall not exceed eight feet in height. Building mounted signs shall be placed flat against a wall and shall not extend above the parapet.)
10. Integral building signs, such as building names, erection dates, monumental citations, commemorative tablets, plaques and the like when carved, incised or cast into stone, concrete, metal or some other permanent material and made an integral part of the structure;
11. Signs within the interior of any building, not intended to be viewed from the public right-of- way; (Window signs are treated separately below.)
12. No trespassing and no dumping signs not exceeding two square feet in area per sign and not exceeding four in number per lot; (Upon demonstration of the existence of special circumstances, the Administrator may allow more than four signs per lot on a temporary basis.)
13. House numbers and nameplates not exceeding two square feet attached to a house or on a free standing post;
14. Plaques and advertising symbols not exceeding four square feet attached flat against a building to identify the building or its occupants;
15. a. Except as hereinafter set forth, rummage sale signs, signs announcing a rummage sale, garage sale signs and auction sale signs shall only be posted on the premises where the sale takes place. Such signs may also be posted on the city's property at the following locations:
i. At the parking lot at the bottom of Skinner's Hill closest to the intersection of 2nd Drive SW and 9th Place SW.
ii. Approximately 100 feet west of the intersection of 5th Avenue NE and 7th Street NE to the south of 5th Avenue NE.
b. All such signs placed at these city location shall be posted within a 15-foot radius of the city sign placed at these locations designating such locations as an authorized sale sign site. All signs, whether located on the premises where such sale takes place or located at the authorized city sites, may be posted only for the duration of the sale.
16. Window signs that are permanent signs not exceeding two square feet or 25% of the total window area, whichever is greater, painted on or otherwise displayed from the inside surface of a window; also temporary signs in the show window of a business which are part of a display of merchandise or a display relating to services offered or merchandise for sale on the premises, provided the signs not be displayed for a period exceeding 30 consecutive days;
17. Political or campaign signs on behalf of candidates for public office or measures on election ballots, subject to the following restrictions.
a. All non-commercial signs of any size may be posted from August 1 in a state general election year until ten days following the state general election, and in the case of a special election, from 30 days before the special election to ten days after a special election.
b. Only one political sign per candidate or issue is permitted on a parcel of land. Total of all signs shall not exceed 12 square feet in total area per lot.
c. No political sign shall be placed in or over the public right-of-way or public property.
d. Political signs for which space has been leased shall be regulated by Subd. 6 of this section.
18. Real estate signs:
a. One exterior real estate sign may be erected in R-1, R-2 and R-M zones. One sign per frontage shall be allowed in all zones.
1. The sign may only be erected by written permission from the owner of the property.
2. For residential, office or multiple dwelling properties, the dimensions of the sign shall not exceed 30 inches by 36 inches and the sign shall not exceed five feet in height.
3. For commercial or industrial properties, the dimensions of the sign shall not exceed 32 square feet and the height shall not exceed eight feet.
b. Real estate “for sale” and “sold” signs shall be removed as follows.
1. Signs and all supporting posts or structures shall be removed from the property immediately upon expiration of written permission as provided above.
2. Signs and all supporting posts or structures shall be removed from the property immediately as of possession by a new owner.
3. At no time will a sold sign be displayed more than 14 days or after possession of property by the new owner or whichever occurs first; at which time, the complete sign, all supporting posts and structures shall be immediately removed from the property.
c. Signs shall be of weather resistant material. Torn, faded, warped, bent or damaged signs shall be removed or repaired immediately.
d. Signs shall be set back at least five feet from all property or right-of-way lines unless attached flat to the building.
e. Any person placing “for sale” or “sold” signs on any piece of real estate shall keep accurate records as to when the signs were placed or removed from the property.
19. Construction signs:
a. Two signs announcing future construction on a site may be erected on that site when a building permit for the construction is obtained. The signs shall be removed upon expiration of the building permit if construction does not begin.
b. If construction begins, the sign or signs which replace them may remain on the site until 30 days after the project is completed, which date will be determined from the occupancy permit.
c. The area of a construction sign shall not exceed 48 square feet. The height shall not exceed ten feet.
20. Other temporary signs, banners and pennants:
a. Temporary cloth signs stretched on substantial wooden frames may be erected on a premise for a period not to exceed 30 days.
b. Banners with sufficient wind holes, supported across the top and secured at the lower corners, may be erected on a premise for a period not to exceed 30 days.
c. Pennants made of non-reflective material may be used as decoration, but shall be removed immediately upon termination of the business.
d. Torn, faded or damaged signs, banners or pennants shall be removed or repaired immediately.
21. Subdivision and housing development signs:
a. Temporary signs advertising an undeveloped subdivision or a housing development of six or more units may be erected at dedicated street entrances to the subdivision or development.
b. Signs shall be removed as soon as more than 60% of the lots or units are sold, developed and/or occupied. The sign shall also be removed one year after erection if no development occurs.
c. The area of a development sign shall not exceed 24 square feet. The height shall not exceed eight feet.
Schedule II: A-1, R-1, R-2 and R-M Zones
1. Permitted signs:
a. Signs permitted in Schedule I, as regulated therein.
b. One non-illuminated sign of not more than two square feet in area, giving the name and occupation of the occupant of a building carrying on a home occupation, as defined in the Zoning Chapter of the City Code. The signs shall be placed flat against a building or designed as part of an architectural feature thereof.
c. One wall sign of not more than eight square feet identifying an apartment building or manufactured home court, except that an apartment complex or manufactured home park of ten or more apartments or manufactured homes in an R-2 and R-M zone, respectively, may have either a wall or freestanding identification sign of no more than 30 square feet.
(Ord. 49, Second Series, passed 10-1-82)
d. Legal non-conforming uses in residential zones may replace their present signs with new signs of substantially the same size and in approximately the same location. This shall not be construed to prohibit or discourage construction of new signs which conform fully to this code.
2. Requirements:
a. The maximum height of a freestanding sign shall be eight feet.
b. All illuminated signs shall be shielded in a way as to protect the rights of adjacent property owners from nuisance.
c. Permitted freestanding signs shall observe a minimum of an eight-foot front yard and ten-foot side yard setback.
Schedule III: R-O and B-1 Zones
1. Permitted signs:
a. Signs permitted in Schedule I, as regulated therein; and
b. One business or identification fascia, projecting or ground sign fronting each street bounding the property on which the sign is located.
2. Requirements:
a. The total copy of a fascia (wall) sign shall not exceed 15% of the area of the front face, including doors and windows, of the premises.
b. The total copy of all fascia (wall) signs on a corner lot shall not exceed 15% of the front side and 10% of the short side.
c. The total area of a freestanding sign shall not exceed 25 square feet.
d. The maximum height of a freestanding sign shall not exceed 20 feet.
e. In no case shall more than one sign per building per frontage be permitted.
Schedule IV: B-2 and B-3 Zones
1. Permitted signs:
a. Signs permitted in Schedule I, as regulated therein;
b. For each occupant of a building, one freestanding sign and one canopy or fascia (wall), projecting, roof or awning sign fronting each street or alley bounding the property on which the sign is located shall be allowed. There shall be one projecting sign for each entrance. In addition, one sidewalk sandwich board sign for each parcel;
c. Billboards, provided they are located more than 100 feet of any property used for church, school, park, government, or museum purpose;
d. Billboards/outdoor advertising signs are prohibited in the B-3 Central Business Districts; and
e. One sandwich board sign is permitted per parcel located in the B-3 Central Business District subject to the following:
i. Sandwich board signs may be no larger than three feet in width and four feet in height and no materials including, but not limited to, balloons, streamers and windsocks may be added to the sign to increase its height or width. Sandwich board signs may not contain electrical components or be lit.
ii. Sandwich board signs may be placed on private property or on public sidewalks within 20 feet of the main entrance to the business being advertised.
iii. Sandwich board signs shall be located so as to maintain a minimum four-foot pedestrian walkway and so as not to obstruct vehicular traffic.
iv. Sandwich board signs may be used only during the hours when the business is open to the public.
v. Sandwich board signs may only be placed on sidewalks that have been cleared of snow and/or other debris.
vi. Sandwich board signs require an annual permit for a fee as established in the current adopted city fee schedule.
(Ord. 383, Second Series, passed 6-3-97)
2. Requirements:
a. No more than one freestanding sign shall be permitted per occupant;
b. The maximum height of freestanding sign shall be 25 feet;
c. The maximum area of a freestanding sign shall be 100 square feet. Double-faced signs shall be counted as one sign;
d. Roof signs shall in no case exceed a height above the roof equal to a distance of the height of the elevation of the building upon which the sign is located, but in no case shall this height exceed 20 feet from the highest point of a roof to the top of the sign and shall not exceed 300 square feet in area;
e. Entrance projecting signs shall not exceed two square feet and cannot extend beyond 30 inches in total;
f. No awning shall have a projection over public property or right-of-way greater than 48 inches;
g. Signs attached to an awning or incorporated as part of an awning shall not exceed eight square feet in area and any written or printed text located thereon shall not exceed nine inches in height; and
h. Insurance:
i. No permit authorized by this City Code for the placement of sandwich board signs shall be effective until the applicant therefor has filed with the City Clerk evidence of insurance insuring the applicant against liability imposed by law arising out of the ownership, maintenance, or placement of such sandwich board sign in the amounts of at least $50,000 for the injury or death of one person, $300,000 for the injury of death of two persons, and $10,000 for damage to property. The city shall be named as an additional insured in the policy providing such insurance, and such policy shall further provide that it may not be canceled except upon ten days written notice filed with the City Clerk.
(Ord. 619, passed 7-7-14)
Schedule V: I-1 and I-2 Zones
1. Permitted signs:
a. Signs permitted in Schedule I, as regulated therein;
b. Two business signs, including not more than one freestanding and one fascia (wall) or projecting or roof sign on each street bounding the property on which the building is located; and
c. Billboards, provided they are located more than 100 feet of any property used for church, school, park, government or museum purposes.
2. Requirements:
a. The maximum height of a freestanding sign shall be 25 feet.
b. The maximum area of a freestanding sign shall be 100 square feet. Double-faced signs shall be counted as one sign.
c. The total area of fascia (wall) signs shall not exceed 15% of the area of the front face of a building.
d. Roof signs shall, in no case, exceed a height above the roof equal to a distance of the height of the elevation of the building upon which the sign is located, but in no case shall this height exceed 30 feet from the highest point of a roof to the top of the sign. Roof signs shall not exceed 600 square feet in area.
Schedule VI: Special Areas
Shopping centers, PUDs and other comprehensive development shall be subject to the submission of a comprehensive sign plan, as regulated by Subd. 13, Subpar. D, of this section.
Subd. 5. Regulations of permitted on-premise type signs for all zoning districts unless specifically prohibited in that section.
A. Freestanding signs (ground signs).
1. All supports of signs shall be placed upon private property and shall be securely built, constructed and erected to conform with this section.
2. A freestanding sign may be located in a required yard, provided that the sign is not closer than ten feet to any adjoining lot zoned residential.
(Ord. 207, Second Series, passed 4-2-90)
3. Where a premise has more than 300 feet of frontage, one additional freestanding sign may be erected for each additional 300 feet of street frontage or portion thereof.
4. A freeway oriented ground sign, which exceeds the standards of Schedules II through V, when along a highway where the speed limit is in excess of 45 mph, shall require a conditional use permit.
(Ord. 207, Second Series, passed 4-2-90)
5. A ground sign shall not project over a public right-of-way.
6. Where a ground sign projects over a vehicular traffic area, such as a driveway or parking lot aisle, the minimum clearance between the bottom of the sign and the ground shall be 14 feet.
7. A rotating ground sign, in place of the ground signs allowed hereby, shall require a conditional use permit. The rate of rotation shall not exceed eight revolutions per minute.
(Ord. 207, Second Series, passed 4-2-90)
B. Fascia signs (wall).
1. No fascia sign shall have a projection over public property or beyond a building line greater than 18 inches. No sign or sign structure shall project into any public alley more than two inches, below a height 14 feet above grade nor more than 12 inches when over 14 feet above grade, except where a sign would project into an alley area where vehicle traffic is prohibited. This sign could project up to 30 inches, provided that did not exceed two square feet in area.
2. The total area of fascia signs shall not exceed 15% of the area of the front face of the building, except on corner lots in B-1 zone.
3. A wall sign shall not rise above the parapet.
4. A wall sign may be substituted for any permitted freestanding sign in any zone.
C. Roof signs.
1. A roof sign shall require a conditional use permit in those districts allowing roof signs.
2. No portion of a roof sign shall extend beyond the periphery of the roof on which it is erected.
3. A roof sign shall be manufactured and installed to appear as an architectural blade or penthouse and shall appear from all sides to be part of the building itself.
4. All roof signs shall be installed or erected in a manner that there shall be no visible support structure.
D. Projecting signs.
1. Where a premise has more than 300 feet of frontage on a public right-of-way, the occupant may substitute a projecting sign for one of the additional permitted ground signs.
2. A projecting sign shall not project more than six feet, six inches from the building to which it is attached and shall not project more than 30 inches over a public right-of-way.
3. No sign or sign structure shall project into any public alley below a height of 14 feet above grade, nor more than six inches when over 14 feet above grade.
4. A projecting sign shall have minimum clearance of nine feet over a sidewalk and 14 feet over vehicular traffic areas.
5. No projecting sign shall be higher than 25 feet above grade level nor shall it rise above the top of a parapet.
E. Marquee and canopy signs.
1. Marquees and canopies shall be constructed in accordance with the Building Code.
2. Any marquee or canopy projecting over a public right-of-way may have a sign on each or any face thereof, provided that each sign shall be an integral part of the marquee or canopy and shall not exceed beyond the length or width of the marquee or canopy.
3. An identification sign not exceeding four square feet in area may be attached to the underside of a marquee or canopy provided that there will be at least eight feet of clearance between the sign and the sidewalk. The sign shall not extend beyond the edges of the marquee or canopy.
F. Awning signs.
1. Signs consisting of one line of letters not exceeding nine inches in height may be painted or placed upon the hanging border only of an awning.
2. An identification emblem, insignia, initial or other similar design not exceeding eight square feet in area may be painted or placed elsewhere on an awning.
G. Changeable copy signs.
1. Permitted on-premise signs may contain an area of changeable copy, subject to other provisions of this subdivision.
2. Automatic changing signs are permitted, subject to other provisions of this subdivision. Flashing is prohibited, except in public service information signs which alternate non-commercial messages such as time, temperature and date.
H. Portable signs. Portable panel outdoor advertising devices are permitted subject to the other provisions of this Code for periods not to exceed 30 consecutive days of each 90-day calendar period in one location or a total of 120 days in one calendar year. The sign may be illuminated internally, but may not be flashing. A location in this context shall include the site first occupied by the sign during a calendar year and the land within 150 feet of the first site. A portable panel outdoor advertising device may not be placed upon public property or right-of-way.
(Ord. 357, Second Series, passed 2-19-96)
Subd. 6. Regulations of permitted off-premise signs; outdoor advertising.
A. General provisions.
1. Outdoor advertising signs which conform with the provisions of this section are permitted in B-2, B-3, I-1 and I-2 zoning districts.
2. No outdoor advertising signs shall be erected closer to a street than the building setback line established by the Zoning Chapter. No portion of an outdoor advertising sign shall extend over a public right-of-way or public property.
3. No outdoor advertising sign shall be constructed which resembles any official marker erected by the city, state or other governmental agency, or which by reason of position, shape or color would conflict with the proper functioning of any traffic sign or signal.
4. All outdoor advertising signs shall be maintained in good and safe structural condition. The painted portions of outdoor advertising signs shall be periodically repainted and kept in good condition.
5. All outdoor advertising signs shall be constructed in accordance with the building and electrical codes of the city.
6. The following types of outdoor advertising signs are prohibited in all zoning districts:
a. Roof signs; and
b. Painted wall signs.
7. Outdoor advertising signs erected in the Neighborhood Development Program (NDP) area before 1998 shall conform to § 401 of the NDP Regulations, which section is made a part of this Code by reference.
B. Size of signs.
1. Billboard/outdoor advertising signs shall not exceed 22 feet in height.
2. Billboard/outdoor advertising signs attached to a building shall be no higher than the parapet.
3. The maximum area for one sign face on a billboard/outdoor advertising sign face shall be 300 square feet, except that side by side billboards may be erected provided each does not exceed 300 square feet, or one paint unit not exceeding 672 square feet of copy area.
4. Back-to-back and V-type billboard/outdoor advertising signs shall not exceed 600 square feet of copy area facing one direction or 672 square feet when sign is a painted panel.
(Ord. 383, Second Series, passed 6-3-97)
C. Spacing of signs.
1. No outdoor advertising sign shall be erected within 750 feet of any other outdoor advertising sign on the same side of a public street or highway.
2. No outdoor advertising sign shall be located closer than 500 feet from any residential zoned district or public park.
3. Outdoor advertising signs shall be located no further than 500 feet from the right-of-way line of a major state or federal highway and be oriented in a way as to be viewed primarily by traffic on that highway.
D. Portable panels.
1. Portable panel outdoor advertising devices are permitted subject to other provisions of this Code for periods not to exceed 30 consecutive days of each 90-day calendar period in one location or a total of 120 days in one calendar year. A location in this context shall include the site first occupied by the sign during a calendar year and the land within 150 feet of the first site. A portable panel outdoor advertising device may not be placed upon public property or right-of-way.
(Ord. 357, Second Series, passed 2-19-96)
2. Portable panel outdoor advertising messages must be public service in nature, except when placed on the property owned or leased by the advertiser.
E. Lighting.
1. Billboards will not be illuminated with flashing light or lights, except those giving public service information such as time, temperature, weather or news.
2. Billboard lighting will be effectively shielded so as not to impair the vision of any operator of a motor vehicle.
3. Billboard lighting must not interfere with the effectiveness of or obscure any official traffic sign, device or signal.
Subd. 7. Electric signs.
A. The provisions of this subdivision shall apply to the erection, installation and construction of both on and off premise electric signs.
B. All electric signs constructed, erected, altered, repaired or installed under the jurisdiction of this Code, all exterior stationary electric lighting or illumination systems or any interior lighting or illumination systems which are intended to be viewed from a public street, highway or other public thoroughfare used for vehicular traffic, and any signs and lighting installation which are installed that are intended to be viewed from a main traveled roadway of a freeway, shall be installed in conformance with the applicable provisions set forth herein, and in accordance with Subd. 4, Subpar. B of this section.
C. No person shall construct, establish or create, and no person shall maintain any stationary exterior lighting or illumination system or any interior system which is intended to be viewed from a public street, highway or other public thoroughfare used for vehicular traffic which system contains or utilizes:
1. Any exposed incandescent lamp with a wattage in excess of 40 watts when the sign is within 15 feet of street;
2. Any exposed incandescent lamp with an internal metallic reflector;
3. Any exposed incandescent lamp with an external reflector;
4. Any revolving beacon light; and
5. Any continuous or sequential flashing operation in which more than one-third of the lights are turned on or off at one time.
D. These provisions shall not apply to:
1. Lighting systems owned or controlled by any public agency for the purpose of directing or controlling navigation, traffic or for highway or street illumination;
2. Aircraft warning lights;
3. Electronic information systems which display the time of day and/or the atmospheric temperature or programmable electronic messages of a public service or commercial nature; and
4. Temporary lighting used for repair or construction, as required by governmental agencies.
E. External lights on an indirectly-illuminated sign shall be shielded to prevent beams or rays from being directed at any portion of the public right-of-way or adjoining property.
F. No person shall erect or maintain any electric sign or similar device that interferes with the visibility of any official traffic control or warning signal. This subdivision shall not apply to lights used to identify public fire alarm boxes.
G. All flashing lights shall comply with existing traffic codes pertaining to the interference with traffic signals.
Subd. 8. Structural requirements.
A. All signs shall be securely built, constructed and erected in conformance with the design and construction specifications of the Uniform Building Code, Volume 5 Signs, 1979 Edition as prepared by the International Conference of Building Officials, 50 South Las Robles, Pasadena, California, which is hereby adopted by reference and is incorporated by reference in this chapter and made a part hereof as if set out in full. Three copies of the Uniform Building Code Volume 5, Signs, are marked as official copies and will be kept in the office of the City Recorder for examination and use by the public and shall be known as and referred to as the “Sign Code.” Where the Sign Code is inconsistent or in conflict with the provisions of this section, the provisions of this section shall prevail over any conflicting or inconsistent provisions of the Sign Code.
B. The vertical supports for all signs and sign structures shall be placed in or upon private property and shall not project into or over a public right-of-way.
Subd. 9. Maintenance.
A. All signs shall be maintained in a safe, presentable and good structural condition at all times. Maintenance shall include painting, repainting, cleaning, replacement or repair of defective parts and other necessary acts.
B. Any sign which is found in a dangerous or defective condition shall be removed or repaired by the owner of the sign or the owner of the premises on which the sign is located.
Subd. 10. Unlawful signs. It is unlawful to erect or maintain:
A. Signs on curbs, sidewalks, bridges, hydrants, trees, utility poles and the posts or poles of traffic devices and street lights;
B. Signs which bear or contain statements, words or pictures of an obscene or pornographic character;
C. Signs which move in any manner or have visible moving parts, except certain rotating signs permitted in this Code;
D. Signs which emit audible sound, odor or visible matter; and
E. Signs which are of a size, location, movement, content, coloring or manner of illumination which may be confused with or construed as a traffic control device or which hides from view any traffic or street sign or signal, or which may cause danger to traffic. Included are signs which contain the words “stop,” “go slow,” “caution,”
Subd. 11. Abandoned signs.
A. Except as otherwise provided in this Code, any on-premise sign which is located on property which becomes vacant and unoccupied for a period of three months or more, or any sign which pertains to an event, time or purpose which no longer applies, shall be deemed to have been abandoned.
B. Permanent signs applicable to a business temporarily suspended because of a change of ownership or management of the business shall not be deemed abandoned unless the property remains vacant for a period of more than six months.
C. Abandoned signs shall be removed following the procedures in Subd. 13 of this section.
Subd. 12. Non-conforming signs.
A. Within the districts established by the Zoning Chapter, there exist signs and sign structures which were lawful before this section was passed or amended, but which would be prohibited under the terms of this section or future amendment. It is the intent of this section to permit these non-conformities to continue until they are removed, but not to encourage their survival. It is further the intent of this section that non-conformities shall not be enlarged upon, expanded nor extended, nor be used as a basis for allowing additional signs or uses prohibited elsewhere in the same district.
B. Any sign or sign structure which does not conform to the use regulations contained in this section at the time it becomes applicable may be continued subject to the following provisions:
1. Non-conforming use; damage. Any non-conforming sign or sign structure which has been damaged such that its value has been reduced to less than 50% of its fair market value shall be required to conform to the use regulations of this section, except that the Board of Adjustment and Appeals may grant authority to continue a non-conforming sign when damaged to a greater extent than 50% of its fair market value, when such is in the best interest of the public welfare or when undue hardship would otherwise result to the owners or occupants.
2. Non-conforming use; repairs. The repairs and maintenance work, as required to keep a non-conforming sign or sign structure in sound condition, may be made, provided that no additions shall be made, except as authorized by the Board of Adjustment and Appeals.
Subd. 13. Administration, permits and inspections.
A. Administration. This section shall be administered by a Sign Code Administrator appointed by the Council.
B. Permits.
1. No sign shall be erected, altered or relocated without a permit issued by the Administrator, except as otherwise provided in this Code. Any permit or license issued in conflict with this Code shall be null and void and of no effect whatever.
2. The permit application shall contain the names and addresses of the sign owner, sign erector and property owner, a drawing showing the location, size and design of the sign and other pertinent information as the Administrator may require to insure compliance with this Code and other provisions of the City Code. Forms will be provided by the city.
3. The following operations shall not be considered as creating a sign and shall not require a sign permit:
a. Replacing copy. The changing of advertising copy on an outdoor advertising sign or the message on a theater marquee or a similar approved sign which is specifically designed for the use of changeable copy.
b. Maintenance. Painting, repainting, cleaning and other normal maintenance and repair of a sign or sign structure unless a structural change is made.
c. Exempt signs. Signs listed in Schedule I of this Code are exempt from permit requirements.
4. Permits issued for the erection, alteration or relocation of a sign shall be valid for a period of 12 months from the date of issuance. The Administrator may extend the time, at his or her discretion, but not exceeding an additional six months.
5. A sign permit fee shall be paid on each sign in accordance with a schedule adopted by resolution of the Council.
C. Inspection. Signs for which a permit is required may be inspected periodically by the Administrator for compliance with this Code and other provisions of the City Code.
D. Comprehensive sign plan. A comprehensive sign plan may be prepared for shopping centers, planned unit developments and other comprehensive developments. Such a plan, which shall include the location, size, height, lighting and orientation of all signs, shall be submitted for preliminary plan approval to the Administrator; provided that such a comprehensive plan is presented, exceptions to the sign schedule regulations of this section may be permitted, if the sign areas and densities of the plan as whole are in conformity with the intent of this section, and if the exception results in an improved relationship between the various parts of the plan.
E. Maintenance. All signs, together with all of their supports, braces, guys and anchors, shall be kept in repair and in a proper state of preservation. The display surfaces of all signs shall be kept neatly painted or posted at all times. Every sign and the immediate surrounding premises shall be maintained by the owner or person in charge thereof in a clean, sanitary and inoffensive condition, free and clear of all obnoxious substances, rubbish and weeds.
F. Enforcement.
1. This section shall be enforced by the Building Official of the city. He or she may be provided with the assistance of the other persons as the Mayor or the Council may direct. The Building Official and his or her assistants, in the discharge of their duties and upon exhibition of proper credentials, shall have the right to enter at any reasonable hour, upon any premise for the purpose of enforcement of this section.
2. If the Building Official shall find that any of the provisions of this section are being violated, he or she shall notify, in writing, the persons responsible for the violations, indicating the nature of the violation and ordering the action necessary to correct it or shall take the action authorized by this section to insure compliance with or to prevent continued violation of its provisions. The person responsible for the violations shall be given 15 days to correct the violation.
G. Danger to public. If a sign is found to be an immediate and serious danger to the public because of its unsafe condition, it may be removed without notice and written notice of removal and reasons for such shall be served as soon as possible under the terms of this section. The owner of the sign shall be liable for cost of removal of the sign.
H. Appeals.
1. When a permit is denied, the Administrator shall give notice, in writing, to the applicant of denial, together with a brief resume of the reasons for the denial. In order to provide for reasonable interpretation of the provisions of this section, there is hereby established a Board of Appeals to hear appeals from the decision of the Administrator unless the denial is based on violations of the Uniform Building Code, the Uniform Sign Code or the National Electrical Code. Denial for these reasons must be appealed to the Building Code Board of Appeals.
2. The failure to the Administrator to either formally grant or deny in writing a proposed sign within 30 days of submission of the application shall be grounds for appeal to the Board of Appeals.
3. Procedure upon appeals:
a. Upon the filing of a written notice of appeal with the City Recorder, the Administrator shall promptly submit to the Board of Appeals the appropriate permit application for the sign in question, the written notice of denial with reasons for the denial and all plans, specifications and other papers pertaining to the application. If the appeal is from failure of the Administrator to grant a permit within 30 days, the Administrator shall, in addition to the foregoing, furnish the Board with a brief written statement of the reasons for the failure. If the Board of Appeals fails to act within 60 days after the appeal is filed, the permit is to be granted without a hearing.
b. Upon any appeal, the Administrator may, at his or her discretion, furnish the Board with a written statement of his or her position on the appeal and may therein reply to the position of the applicant. The statements must be filed with the Board of Appeals at least ten days in advance of the hearing on the appeal.
I. Procedure for application, consideration and granting a conditional use permit.
1. The person applying for a conditional use permit shall fill out and submit to the Planning Commission a conditional use application form and a fee as may be established by resolution of the Council.
2. The application shall be referred to the Planning Commission for review.
3. The petitioner or his or her representative shall appear before the Planning Commission in order to answer questions concerning the proposed conditional use.
4. If the Planning Commission grants the conditional use permit, it may impose conditions it considers necessary to protect the public health, safety and welfare.
5. Appeals from the decision of the Planning Commission in granting a conditional use will be heard provided a written statement requesting appeal to the Board of Appeals is filed with the office of the City Recorder not later than 15 days after the Planning Commission approves or disapproves the conditional use permit.
6. No application for a conditional use permit shall be resubmitted for a period of one year from the date of the order of denial.
J. Complaints. Whenever a violation of this Code occurs, or is alleged to have occurred, any person may file a written complaint. The complaint, stating fully the causes and basis thereof, shall be filed with the Administrator. He or she shall record properly the complaint, immediately investigate and take action as provided in this Code.
(Ord. 207, Second Series, passed 4-2-90)
Subd. 14. Liability. The provisions of this Code shall not be construed as relieving or limiting, in any way, the responsibility or liability of any person erecting or owning any sign, for personal injury or property damage resulting from the placing of a sign or resulting from the negligence or willful acts of the person, its agents, employees or workpersons in the construction, maintenance, repair or removal of any sign erected in accordance with a permit issued hereunder. Nor shall they be construed as imposing upon the city or its officers or employees any responsibility or liability by reason of the approval of any signs, materials or devices under the provisions of this Code.
Subd. 15. Amendments.
A. The regulations and restrictions set forth in this Code may, from time to time, be amended, supplemented, changed or repealed; provided however, that no such action may be taken until after a public hearing in relation thereto, at which hearing parties in interest and citizens shall have an opportunity to be heard.
B. At least a ten-day notice of the time and place of the hearing shall be published in a newspaper of general circulation in the city.
Subd. 16. Minimum requirements. In their interpretation and application, the provisions of this code shall be held to be minimum requirements, adopted for the promotion of the public health, safety, convenience, comfort, prosperity or general welfare. Wherever the requirements of this Code are at variance with the requirements of any other lawfully adopted rules, regulations, ordinances, deed restrictions or covenants, the more restrictive or that imposing the higher standards shall govern.
(`80 Code, § 4.50) (Am. Ord. 516, passed 9-7-04; Am. Ord. 529, Second Series, passed 10-3-05) Penalty, see § 1.99